Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 19961 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC. All written 

submissions, including requests to 

appear at the hearing, statements, and 

briefs, should be addressed to the 

Secretary, United States International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436. The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://edis.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Industry-specific information may be 

obtained from Fred Forstall, Co-Project 

Leader, (202–205–3443 or 

alfred.forstall@usitc.gov), or David 

Ingersoll, Co-Project Leader, (202–205–

2218 or dave.ingersoll@usitc.gov). For 

information on legal aspects of the 

investigation, contact William Gearhart 

of the Commission’s Office of the 

General Counsel at 202–205–3091 or 

william.gearhart@usitc.gov. The media 

should contact Margaret O’Laughlin, 

Office of External Relations at 202–205–

1819 or margaret.olaughlin@usitc.gov. 

Hearing impaired individuals are 

advised that information on this matter 

can be obtained by contacting the TDD 

terminal on 202–205–1810. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

Persons with mobility impairments who 

will need special assistance in gaining 

access to the Commission should 

contact the Secretary at 202–205–2000. 

SUPPLEMENTARY INFORMATION: As 

requested by the Committee, the 

Commission will conduct an 

investigation and provide a report that 

contains, to the extent possible, the 

following information: 

1. An overview of the U.S. markets for 

solid and engineered wood flooring 

(both unfinished and factory finished 

products), and hardwood plywood; 

2. A description of the U.S. industries 

for wood flooring and hardwood 

plywood and the industries in the 

principal countries (including Canada, 

China, Brazil, Indonesia, Malaysia, and 

Russia) supplying the U.S. market, 

including trends in production, 

capacity, employment, and 

consumption; 

3. An examination of U.S. trade 

patterns and the factors affecting trade 

patterns, including tariffs and other 

border measures; 

4. An analysis of the factors affecting 

the competitive position of U.S. 

producers and the principal foreign 

suppliers to the U.S. market including 

raw materials, illegal logging, 

technological capabilities, labor 

practices, environmental policies, 

government programs, and substitutes 

for wood flooring and hardwood 

plywood; 

5. Views of industry, homebuilders, 

importers and other interested parties 

on developments in the supply of and 

the demand for wood flooring and 

hardwood plywood, including the effect 

of imports and substitutes for each 

product. 

As requested by the Committee, the 

Commission will provide its report no 

later than June 6, 2008. 

Public Hearing: A public hearing in 

connection with this investigation will 

be held beginning at 9:30 a.m. on 

September 13, 2007, at the United States 

International Trade Commission 

Building, 500 E Street, SW., 

Washington, DC. All persons have the 

right to appear by counsel or in person, 

to present information, and to be heard. 

Requests to appear at the public hearing 

should be filed with the Secretary not 

later than the close of business (5:15 

p.m.) on August 22, 2007, in accordance 

with the requirements in the 

‘‘Submissions’’ section below. Any prehearing briefs or statements should be 

filed not later than 5:15 p.m., August 29, 

2007. The deadline for filing posthearing briefs and statements is 5:15 

p.m., October 5, 2007. In the event that, 

as of the close of business on August 22, 

2007, no witnesses are scheduled to 

appear at the hearing, the hearing will 

be cancelled. Any person interested in 

attending the hearing as an observer or 

non-participant may call the Secretary 

(202–205–2000) after August 22, 2007, 

to determine whether the hearing will 

be held. 

Written Statements: In lieu of or in 

addition to participating in the hearing, 

interested parties are invited to submit 

written statements concerning this 

investigation. All submissions should be 

addressed to the Secretary, and should 

be received no later than the close of 

business on December 28, 2007. All 

written submissions must conform with 

the provisions of § 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8). Section 201.8 

of the rules requires that a signed 

original (or a copy designated as an 

original) and fourteen (14) copies of 

each document be filed. In the event 

that confidential treatment of the 

document is requested, at least four (4) 

additional copies must be filed, in 

which the confidential information 

must be deleted. The Commission’s 

rules do not authorize filing 

submissions with the Secretary by 

facsimile or electronic means, except as 

permitted by section 201.8 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.8) (See 

Handbook for Electronic Filing 

Procedures, http://www.usitc.gov/ 

secretary/fed_reg_notices/rules/ 

documents/ 

handbook_on_electronic_filing.pdf. Any 

submissions that contain confidential 

business information must also conform 

with the requirements of § 201.6 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.6). Section 201.6 

of the rules requires that the cover of the 

document and the individual pages be 

clearly marked as to whether they are 

the ‘‘confidential’’ or ‘‘nonconfidential’’

version, and that the confidential 

business information be clearly 

identified by means of brackets. All 

written submissions, except for 

confidential business information, will 

be made available for inspection by 

interested parties. In its request letter, 

the Committee stated that it intends to 

make the Commission’s report available 

to the public in its entirety, and asked 

that the Commission not include any 

confidential business information in the 

report it sends to the Committee. The 

report that the Commission sends to the 

Committee will not contain any such 

information. Any confidential business 

information received by the 

Commission in this investigation and 

used in preparing the report will not be 

published in a manner that would 

reveal the operations of the firm 

supplying the information. 

Issued: April 16, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–7540 Filed 4–19–07; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Procedures for H–2B Temporary Labor 

Certification in Non-Agricultural 

Occupations 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice updates 

procedures for State Workforce 

Agencies and ETA National Processing 

Centers to process H–2B labor 

certification applications in nonagricultural occupations. 

SUPPLEMENTARY INFORMATION: 

I. References 

Immigration and Nationality Act 

(INA) Section 101(a)(15)(H)(ii)(b), Title 


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19962 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 

20 Code of Federal Regulations (CFR) 

parts 652 and 655; Title 8 CFR 

214.2(h)(6); 70 FR 41430, Jul. 19, 2005; 

General Administration Letter (GAL) 

01–95, Procedures for H–2B Temporary 

Labor Certification in Nonagricultural 

Occupations; GAL 01–95, Change 1, 

Procedures for H–2B Temporary Labor 

Certification in Nonagricultural 

Occupations; and Field Memorandum 

(FM) 25–98, H–2B Temporary NonAgricultural Labor Certification Program 

Requirements. 

II. Background 

The H–2B non-immigrant program 

permits employers to hire foreign 

workers to come to the United States 

(U.S.) and perform temporary nonagricultural services or labor on a onetime, seasonal, peakload, or intermittent 

basis. The H–2B visa classification 

requires a temporary labor certification 

from the Secretary of Labor advising the 

Department of Homeland Security’s 

United States Citizenship and 

Immigration Services (USCIS) as to 

whether qualified U.S. workers are 

available and whether the alien’s 

employment will adversely affect the 

wages and working conditions of 

similarly employed U.S. workers, or a 

notice that such certification cannot be 

made, prior to filing an H–2B visa 

petition with USCIS. Historically, H–2B 

applications for non-agricultural 

occupations were processed through the 

Employment and Training 

Administration’s (ETA) Regional 

Offices. However, in December 2004, 

the Department opened two new 

National Processing Centers (NPCs), one 

each located in Atlanta and Chicago. 

These Centers have been designated to 

process applications to employ foreign 

workers for temporary positions under 

the H–2B program. The Department 

published a notice in the Federal 

Register (70 FR 41430, Jul. 19, 2005), 

clarifying that employers must file two 

(2) originals of the ETA Form 750, Part 

A, directly with the State Workforce 

Agency (SWA) serving the area of 

intended employment and, once 

reviewed, the SWA will send the 

complete application to the appropriate 

NPC. That process does not apply to 

employer applications for boilermakers, 

entertainers, logging, and professional 

team sports, which were given special 

filing instructions in the notice. 

III. Procedures for H–2B Applications 

Attachment A outlines procedures 

that the SWAs and NPCs must use in 

making temporary labor certification 

determinations under the H–2B 

program. This guidance replaces and 

supersedes prior operating procedures 

issued under GAL 01–95, GAL 01–95, 

Change 1, and FM 25–98. It works in 

concert with the new centralized filing 

process at the NPCs to ensure greater 

consistency in the processing of H–2B 

applications. Special handling 

procedures for certain non-agricultural 

occupations, such as forestry workers 

and boilermakers, will be issued 

through separate guidance letters by the 

National Office. 

IV. Action Required 

NPC Directors and SWA 

Administrators are directed to provide 

Center and SWA staff involved in the 

processing of H–2B applications with a 

copy of these procedures. 

V. Inquiries 

Questions from State Workforce 

Agency staff should be directed to the 

appropriate NPC Certifying Officer. This 

information is also released in the form 

of a Training and Employment 

Guidance Letter (TEGL) which is 

available at: http://www.doleta.gov/ 

directives. 

Signed at Washington, DC, this 6th day of 

April, 2007. 

Emily Stover DeRocco, 

Assistant Secretary, Employment and 

Training Administration, Labor. 

Attachment A: Procedures for H–2B 

Certification of Temporary NonAgricultural Occupations 

I. General Provisions 

A. The regulations of the United 

States Citizenship and Immigration 

Service (USCIS), 8 CFR 214.2(h)(6), 

apply to employers who wish to import 

non-agricultural workers to perform 

services or labor in temporary jobs 

within the United States (U.S.). Section 

214(c)(1) of the Immigration and 

Nationality Act (INA) requires the 

Department of Homeland Security 

(DHS) to consult with appropriate 

agencies of the government before 

granting H–2B petitions; 

B. USCIS regulations state that 

employers who file H–2B petitions 

(except for temporary employment on 

Guam) must include a certification from 

the DOL stating that qualified workers 

are not available in the U.S., and the 

foreign worker’s employment will not 

adversely affect the wages and working 

conditions of similarly employed U.S. 

workers; 

C. The H–2B non-immigrant program 

permits employers to hire foreign 

workers to perform temporary nonagricultural work within the U.S. on a 

one-time occurrence, seasonal, 

peakload, or intermittent basis (8 CFR 

214.2(h)(6)(ii)(B)); 

D. The DOL regulations at 20 CFR Part 

655, Subpart A—Labor Certification 

Process for Temporary Employment in 

Occupations Other Than Agriculture, 

Logging or Registered Nurses in the 

United States (H–2B Workers), governs 

the labor certification process for 

temporary employment in the U.S. 

under the H–2B classification, and 

requires that the Regional Administrator 

(now National Processing Center (NPC)) 

Certifying Officer of the Employment 

and Training Administration (ETA) 

issue temporary labor certifications on 

behalf of the Secretary of Labor; 

E. An H–2B temporary labor 

certification is advisory to USCIS and, 

where the employer is notified by the 

NPC Certifying Officer that certification 

is denied or cannot be made, the 

employer may submit countervailing 

evidence, according to 8 CFR Part 

214.2(h)(6)(iv)(E), directly to USCIS. 

There is no provision for 

reconsideration or appeal of the 

determination made by the DOL through 

the NPC Certifying Officer. 

II. Standards for Determining the 

Temporary Nature of a Job Opportunity 

Under the H–2B Classification 

A. A job opportunity is considered 

temporary under the H–2B classification 

if the employer’s need for the duties to 

be performed is temporary, whether or 

not the underlying job is permanent or 

temporary. It is the nature of the 

employer’s need, not the nature of the 

duties, that is controlling (Matter of 

Artee Corp., 18 I&N Dec. 366 (Comm. 

1982)); 

B. Part-time employment does not 

qualify as employment for temporary 

labor certification under the H–2B 

program. Only full-time employment 

can be certified; 

C. The Federal regulations at 8 CFR 

Part 214.2(h)(6)(ii) state that the period 

of the petitioner’s need must be a year 

or less, although there may be 

extraordinary circumstances where the 

temporary services or labor might last 

longer than one year. If there are 

unforeseen circumstances where the 

employer’s need exceeds one year, a 

new application for temporary labor 

certification is required for each period 

beyond one year. However, an 

employer’s seasonal or peakload need of 

longer than 10 months, which is of a 

recurring nature, will not be accepted; 

D. The employer’s need for temporary 

non-agricultural services or labor must 

be justified to the NPC Certifying Officer 

under one of the following standards: 

(1) A one-time occurrence, (2) a seasonal 

need, (3) a peakload need, or (4) an 

intermittent need. 


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1. One-Time Occurrence. The 

petitioner must establish that either (1) 

it has not employed workers to perform 

the services or labor in the past and that 

it will not need workers to perform the 

services or labor in the future, or (2) it 

has an employment situation that is 

otherwise permanent, but a temporary 

event of short duration has created the 

need for a temporary worker(s); 

2. Seasonal Need. The petitioner must 

establish that the services or labor is 

traditionally tied to a season of the year 

by an event or pattern and is of a 

recurring nature. The petitioner shall 

specify the period(s) of time during each 

year in which it does not need the 

services or labor. The employment is 

not seasonal if the period during which 

the services or labor is not needed is 

unpredictable or subject to change or is 

considered a vacation period for the 

petitioner’s permanent employees; 

3. Peakload Need. The petitioner 

must establish that (1) it regularly 

employs permanent workers to perform 

the services or labor at the place of 

employment and that it needs to 

supplement its permanent staff at the 

place of employment on a temporary 

basis due to a seasonal or short-term 

demand, and (2) the temporary 

additions to staff will not become a part 

of the petitioner’s regular operation; or 

4. Intermittent Need. The petitioner 

must establish that it has not employed 

permanent or full-time workers to 

perform the services or labor, but 

occasionally or intermittently needs 

temporary workers to perform services 

or labor for short periods. 

III. Application Filing Procedures 

A. An employer desiring to use 

foreign workers for temporary nonagricultural employment must file a 

complete ETA Form 750, Part A, Offer 

of Employment portion of the 

Application for Alien Employment 

Certification with the State Workforce 

Agency (SWA) serving the area of 

intended employment. If the application 

includes worksite locations within a 

Metropolitan Statistical Area (MSA) 

covering multiple SWAs, the employer 

may submit a single application to the 

SWA where the employment will begin. 

In those instances where the 

employment crosses NPC jurisdictions 

as well, the NPC that has jurisdiction 

over the SWA where the employment 

will begin shall process the application. 

The U.S. Census Bureau maintains a 

current listing of all MSAs as well as 

maps by state at the following Web site: 

http://www.census.gov/population/ 

www/estimates/metroarea.html. 

B. An association or other 

organization of employers is not 

permitted to file master applications on 

behalf of its membership under the H–

2B program; 

C. Job contractors typically supply 

labor to one or more employers as part 

of signed work contracts or labor 

services agreements. The temporary or 

permanent nature of the work to be 

performed in such applications will be 

determined by examining the job 

contractor’s need for such workers, 

rather than the needs of its employer 

customers; 

D. Every H–2B application shall 

include: 

1. Two (2) originals of the ETA Form 

750, Part A, Offer of Employment 

portion of the Application for Alien 

Employment Certification, signed and 

dated by the employer. Part B, 

Statement of Qualifications of the Alien, 

is not required to be completed; 

2. Documentation of any efforts to 

advertise and recruit U.S. workers prior 

to filing the application with the SWA; 

3. A detailed statement explaining (a) 

why the job opportunity and number of 

workers being requested reflect a 

temporary need, and (b) how the 

employer’s request for the services or 

labor meets one of the standards of a 

one-time occurrence, a seasonal need, a 

peakload need, or an intermittent need. 

This statement of temporary need must 

be submitted separately on the 

employer’s letterhead with signature. A 

labor shortage, however severe, does not 

alone establish a temporary need. One 

of the four temporary need standards 

must be satisfied; 

4. Supporting evidence and 

documentation that justifies the chosen 

standard of temporary need must be 

submitted. Examples of supportive 

evidence or documentation for the most 

common standards of seasonal and 

peakload need include, but are not 

limited to, the following: 

a. Signed work contracts, letters of 

intent from clients, and/or monthly 

invoices from previous calendar year(s) 

clearly showing that work will be 

performed for each month during the 

requested period of need on the ETA 

Form 750, Part A, Item—18b. This type 

of documentation will demonstrate that 

the employer’s need for the work to be 

performed is tied to a season(s) of the 

year and will recur next year on the 

same cycle; 

b. Annualized and/or multi-year work 

contracts or work agreements that are 

supplemented with signed work 

contracts specifying the actual dates 

when work will commence and end 

during each year of service; 

c. Summarized monthly payroll 

reports for a minimum of one previous 

calendar year that identifies, for each 

month and separately for full-time 

permanent and temporary employment 

in the requested occupation, the total 

number of workers or staff employed, 

total hours worked, and total earnings 

received. Such documentation must be 

signed by the employer attesting that the 

information being presented was 

compiled from the employer’s actual 

accounting records or system. 

Employers should be prepared to 

provide the documents utilized to 

generate the summarized monthly 

payroll reports if requested by the NPC 

Certifying Officer. 

Examples of insufficient 

documentation: Work contracts with no 

clear termination date and contracts 

with temporary workers. Applications 

supported solely by weather charts, 

event calendars, hotel occupancy rates, 

or annual/quarterly tax reports (e.g., IRS 

Form 941) will not be sufficient to prove 

a temporary need. Staffing charts, 

graphs, or other documentation, which 

do not correspond with the requested 

period of need on the ETA Form 750, 

Part A, Item—18b, will also not be 

sufficient to prove a temporary need. 

E. To allow for enough time for the 

recruitment of U.S. workers and 

sufficient time for processing by the 

states and NPCs, the SWAs shall advise 

employers to file requests for temporary 

labor certification at least 60 days before 

the worker(s) is needed in order to 

receive a timely determination; 

F. Unless the NPC Certifying Officer 

specifies otherwise, the SWA shall 

return to the employer any request for 

temporary labor certification filed by the 

employer more than 120 days before the 

worker(s) is needed and advise them to 

re-file the application no more than 120 

days before the worker(s) is needed. 

This is necessary since the availability 

of temporary U.S. workers changes over 

short periods of time and an adequate 

test of the labor market cannot be made 

during a longer period; 

G. More than one worker may be 

requested on the ETA Form 750, Part A, 

Item 18a, if they are to do the same type 

of work on the same terms and 

conditions, in the same occupation, in 

the same area(s) of intended 

employment during the same period. 

The total number of workers requested 

by the employer must also be specified 

in the advertisement and the job order 

required under Section IV of these 

instructions; 

H. If the employer’s representative 

files the application, the employer must 

sign the ‘‘Authorization of Agent of 

Employer’’ statement on the ETA Form 

750, which authorizes the agent to act 

on the employer’s behalf. An attorney 

must file a Notice of Appearance (Form 


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19964 Federal Register / Vol. 72, No. 76 / Friday, April 20, 2007 / Notices 

G–28) naming the attorney’s client(s). 

The employer is fully responsible for 

the accuracy of all representations made 

by the agent on the employer’s behalf; 

I. When the job opportunity requires 

work to be done at multiple locations 

either within the jurisdiction of the 

SWA or within a MSA that covers 

multiple SWAs, the application must 

include the names and physical 

addresses of each location. This 

requirement also applies to job 

contractors filing H–2B applications. 

IV. SWA Processing Instructions 

A. The SWA shall review the job offer 

for completeness. A job opportunity 

containing a wage offer below the 

prevailing wage will not be accepted. 

The SWA shall determine the prevailing 

wage, guided by the regulations at 20 

CFR Part 656.40 and in accordance with 

Employment and Training 

Administration, Prevailing Wage 

Determination Policy Guidance, Nonagricultural Immigration Programs, 

Revised May 9, 2005 (http:// 

www.foreignlaborcert.doleta.gov/pdf/ 

Policy_Nonag_Progs.pdf); 

B. If the job offer is less than full-time, 

offers to pay a wage below the 

prevailing wage, contains unduly 

restrictive job requirements or a 

combination of duties not normal to the 

occupation, or has terms and conditions 

of employment which otherwise inhibit 

the effective recruitment and 

consideration of U.S. workers for the 

job, or is otherwise unacceptable, the 

SWA shall advise the employer to 

correct the deficiencies before 

commencing the recruitment; 

C. When commencing recruitment, 

the SWA shall prepare a job order, using 

the information on the application, and 

place it into the SWA job bank system 

for 10 calendar days. During this period, 

the SWA should refer qualified 

applicants who contact the local offices 

and those in its active job files. If the 

application indicates that work will be 

performed in multiple locations within 

a MSA and one or more locations are 

outside the jurisdiction of the SWA, the 

SWA shall clear the job order for 10 

calendar days with the appropriate 

state(s) where the work is to be 

performed and accept for referral to the 

employer qualified applicants from the 

state(s); 

D. During the 10-day posting of the 

job order, the employer shall advertise 

the job opportunity in a newspaper of 

general circulation for 3 consecutive 

calendar days or in a readily available 

professional, trade or ethnic 

publication, whichever the SWA 

determines is most appropriate for the 

occupation and most likely to bring 

responses from U.S. workers. If the job 

opportunity is located in a rural area 

that does not have a newspaper with a 

daily edition, the employer shall use a 

daily edition with the widest circulation 

in the nearest urban area or such other 

publication as determined by the SWA; 

E. The employer advertisement must: 

1. Identify the employer’s name and 

direct applicants to report or send 

resumes to the SWA for referral to the 

employer; 

2. Describe the job opportunity with 

particularity, including duties to be 

performed, work hours and days, rate of 

pay, and the duration of the 

employment; 

3. State the employer’s minimum job 

requirements; 

4. Offer wages, terms, and conditions 

of employment which are not less 

favorable than those offered to the alien 

and are consistent with the nature of the 

occupation, activity, and industry; and 

5. State the total number of job 

openings the employer intends to fill. 

F. The employer shall document that 

union and other recruitment sources, 

appropriate for the occupation and 

customary in the industry, were 

contacted and either unable to refer 

qualified U.S. workers or nonresponsive to the employer’s request. 

Such documentation must be signed by 

the employer; 

G. The employer shall provide the 

SWA with copies of newspaper pages 

(e.g., tear sheets) or other proof of 

publication (e.g., affidavit of 

publication, invoices or other electronic 

verification) furnished by the 

newspaper for each day the 

advertisement was published. In 

addition, the employer shall submit to 

the SWA a written, detailed recruitment 

report that is signed by the employer. 

The written recruitment report must: 

1. Identify each recruitment source by 

name; 

2. State the name, address, and 

telephone number and provide resumes 

(if submitted to the employer) of each 

U.S. worker who applied for the job; 

and 

3. Explain the lawful job-related 

reason(s) for not hiring each U.S. 

worker. 

H. After the recruitment period, the 

SWA shall send the application, results 

of recruitment, prevailing wage 

findings, and all other supporting 

documentation to the appropriate NPC 

Certifying Officer; 

I. Based on the results of the 

employer’s and SWA recruitment 

efforts, the NPC Certifying Officer shall 

determine whether there are other 

appropriate sources of workers from 

which the employer should have 

recruited in order to obtain qualified 

U.S. workers. If further recruitment is 

warranted, the NPC Certifying Officer 

shall return the application to the SWA 

with specific instructions for additional 

recruitment. 

V. NPC Temporary Labor Certification 

Determinations 

A. The NPC Certifying Officer shall 

determine whether to grant or deny the 

temporary labor certification or to issue 

a notice that such certification cannot be 

made based on whether or not: 

1. The nature of the employer’s need 

is temporary and justified based on a 

one-time occurrence, seasonal, 

peakload, or intermittent basis. To 

determine this, the NPC Certifying 

Officer shall take into account the 

duration of the employment opportunity 

identified on the ETA Form 750, Part A, 

the employer’s statement of temporary 

need, and all evidence and 

documentation submitted with the 

application intended to substantiate the 

chosen standard of temporary need. 

2. Qualified U.S. workers are available 

for the temporary job opportunity. 

a. To determine if a U.S. worker is 

available, the NPC Certifying Officer 

shall consider U.S. workers living or 

working in the area of intended 

employment, and may also consider 

U.S. workers who are willing to move 

from elsewhere to take the job at their 

own expense, or at the employer’s 

expense, if the prevailing practice 

among employers who employ workers 

in the occupation is to pay such 

relocation expenses; 

b. The NPC Certifying Officer shall 

consider a U.S. worker able and 

qualified for the job opportunity if the 

worker by education, training, 

experience, or a combination thereof, 

can perform the duties involved in the 

occupation as customarily performed by 

other U.S. workers similarly employed 

and is willing to accept the specific job 

opportunity; and 

c. To determine if U.S. workers are 

available for job opportunities that will 

be performed in more than one location, 

workers must be available in each 

location on the dates specified by the 

employer. 

3. The employment of the alien will 

not adversely affect the wages and 

working conditions of similarly 

employed U.S. workers. To determine 

this, the NPC Certifying Officer shall 

consider such factors as local or regional 

labor market information, special 

circumstances of the industry, 

organization, and/or occupation, the 

prevailing wage rate for the occupation 

in the area of intended employment, 


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and prevailing working conditions, such 

as hours of work; and 

4. The job opportunity contains 

requirements or conditions which 

preclude consideration of U.S. workers 

or which otherwise prevent their 

effective recruitment, such as: 

a. The job opportunity is vacant 

because the former occupant is on strike 

or locked out in the course of a labor 

dispute involving a work stoppage or 

the job is at issue in a labor dispute 

involving a work stoppage; 

b. The job opportunity’s terms, 

conditions, and/or occupational 

environment are contrary to Federal, 

state, or local law; 

c. The employer has no location 

within the U.S. to which domestic 

workers can be referred and hired for 

employment; 

d. The employer will not pay a wage 

or salary for the job to be performed; 

e. The job’s requirements are unduly 

restrictive or represent a combination of 

duties not normal to the occupation; or 

f. The employer has not recruited U.S. 

workers according to DOL policies and 

procedures. 

B. If the NPC Certifying Officer issues 

a notice that a certification is denied or 

cannot be made, the Final 

Determination letter shall: 

1. Detail the reasons why certification 

cannot be made; 

2. If applicable, address the 

availability of U.S. workers in the 

occupation as well as the prevailing 

wages and working conditions of 

similarly employed U.S. workers in the 

occupation; 

3. Indicate the specific DOL policies 

the employer should have, but did not, 

follow; and 

4. Advise the employer of the right to 

appeal by submit countervailing 

evidence directly to the USCIS. 

C. If the NPC Certifying Officer issues 

a temporary labor certification, it shall 

be for the entire duration of the 

temporary employment opportunity 

identified on the ETA Form 750, Part A. 

If extraordinary circumstances establish 

a need that requires the non-agricultural 

services or labor for more than one year, 

a new application must be filed; 

D. The date on the temporary labor 

certification shall be the beginning and 

ending dates of certified employment 

and the date certification was granted. 

The beginning date of certified 

employment may not be earlier than the 

date certification was granted. 

VI. Document Transmittal 

A. After making a temporary labor 

certification determination, the NPC 

Certifying Officer shall notify the 

employer, in writing, of the final 

determination; 

B. If certification is granted, the NPC 

Certifying Officer shall send the 

certified application containing the 

official temporary labor certification 

stamp and a Final Determination letter 

to the employer or, if appropriate, the 

employer’s agent or attorney. The Final 

Determination letter shall direct the 

employer to submit all documents 

together with the employer’s petition to 

the appropriate USCIS Office; 

C. If a notice is issued that 

certification has been denied or cannot 

be made, the NPC Certifying Officer 

shall return one copy of the Application 

for Alien Employment Certification, 

ETA Form 750, supporting documents, 

and the Final Determination letter to the 

employer, or, if appropriate, to the 

employer’s agent or attorney. 

VII. Appeal of Notice That A 

Certification Cannot Be Made 

A. The finding by the NPC Certifying 

Officer, that a certification cannot be 

made, is the final decision of the 

Secretary of Labor and is advisory to the 

USCIS. There is no provision for 

reconsideration or appeal of the 

decision within DOL; 

B. In accordance with the USCIS 

regulations at 8 CFR Part 

214.2(h)(6)(iv)(E), the employer may 

submit countervailing evidence directly 

to the USCIS that qualified persons in 

the U.S. are not available, that the 

employer’s need for the duties to be 

performed is represented as temporary, 

that wages and working conditions of 

U.S. workers will not be adversely 

affected, and that the DOL’s 

employment policies were observed. 

VIII. Validity of Temporary Labor 

Certifications 

A temporary labor certification is 

valid only for the number of aliens, the 

occupation, the area of employment, the 

specific occupation and duties, the 

period of time, and the employer 

specified on the Application for Alien 

Employment Certification, ETA Form 

750. 

[FR Doc. E7–7521 Filed 4–19–07; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Request for Certification of 

Compliance—Rural Industrialization 

Loan and Grant Program 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration is issuing this 

notice to announce the receipt of a 

‘‘Certification of Non-Relocation and 

Market and Capacity Information 

Report’’ (Form 4279–2) for the 

following: 

Applicant/Location: Student 

Assistance Foundation/Helena, 

Montana. 

Principal Product: The loan, 

guarantee, or grant application is to 

construct a new primary office facility, 

refinance an existing office facility, and 

refinance land already acquired. The 

NAICS industry code for this enterprise 

is: 522294 Secondary Market Financing. 

DATES: All interested parties may submit 

comments in writing no later than May 

4, 2007. Copies of adverse comments 

received will be forwarded to the 

applicant noted above. 

ADDRESSES: Address all comments 

concerning this notice to Anthony D. 

Dais, U.S. Department of Labor, 

Employment and Training 

Administration, 200 Constitution 

Avenue, NW., Room S–4231, 

Washington, DC 20210; or e-mail 

Dais.Anthony@dol.gov; or transmit via 

fax 202–693–3015 (this is not a toll-free 

number). 

FOR FURTHER INFORMATION CONTACT: 

Anthony D. Dais, at telephone number 

(202) 693–2784 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: Section 

188 of the Consolidated Farm and Rural 

Development Act of 1972, as established 

under 29 CFR part 75, authorizes the 

United States Department of Agriculture 

(USDA) to make or guarantee loans or 

grants to finance industrial and business 

activities in rural areas. The Secretary of 

Labor must review the application for 

financial assistance for the purpose of 

certifying to the Secretary of Agriculture 

that the assistance is not calculated, or 

likely, to result in: (a) A transfer of any 

employment or business activity from 

one area to another by the loan 

applicant’s business operation; or, (b) 

An increase in the production of goods, 

materials, services, or facilities in an 

area where there is not sufficient 

demand to employ the efficient capacity 

of existing competitive enterprises 

unless the financial assistance will not 

have an adverse impact on existing 

competitive enterprises in the area. The 

Employment and Training 

Administration (ETA) within the 

Department of Labor is responsible for 

the review and certification process. 

Comments should address the two bases 

for certification and, if possible, provide 

data to assist in the analysis of these 

issues. 


sroberts on PROD1PC70 with NOTICES